Can an employee be paid in respect of unused holidays?

Snoggums

Hi,

As someone who works in a small business with only two staff.
Can I as an employee choose to be paid a bonus or otherwise in respect of unused holiday entitlement?

blackbox

Snoggums wrote: »

Hi,

As someone who works in a small business with only two staff.
Can I as an employee choose to be paid a bonus or otherwise in respect of unused holiday entitlement?

I think this is only allowed for days that the company gives in excess of statuary minimum.

rd1izb7lvpuksx

blackbox wrote: »

I think this is only allowed for days that the company gives in excess of statuary minimum.

Even then, it's at the employer's discretion, right?

splinter65

Snoggums wrote: »

Hi,

As someone who works in a small business with only two staff.
Can I as an employee choose to be paid a bonus or otherwise in respect of unused holiday entitlement?

No. You can ask the employer but he/she doesn’t have to agree. Why have you carried over A/L.

skallywag

Did the employer explicitly ask you to not take the leave for some reason, or was it your own choice to carry the leave over?

Dav010

Snoggums wrote: »

Hi,

As someone who works in a small business with only two staff.
Can I as an employee choose to be paid a bonus or otherwise in respect of unused holiday entitlement?

Though you could ask to be paid a bonus for unused annual leave, your employer cannot legally pay you.

It is illegal under the Organisation of Working Time Act, 1997 for an employer to pay an allowance in lieu of the minimum statutory holiday entitlement of an employee unless the employment relationship is terminated.

Jonny303

You have to actually have time off, but if you're employer is happy to pay you there is nothing to stop them rostering you on for a weekend and then paying them as holidays

anewme

A few years ago a load of us took not enough holidays and brought them forward. We then had loads of holidays and not enough hours to take them. By December people had stockpiled days.

Employer offered to buy back over the statutory minimum as a once off or let us stagger them ffor the first quarter if next year also as a once off. They gave out to us and then brought s rule that you can only carry 5 days to the next year, which forced us all to plan properly.

babi-hrse

You and I must work at the same company
When I did it the employer stuck days off where possible and for two that couldn't be fitted anywhere rostered them as saturdays (days I don't work) and I got paid six day weeks

Snoggums

In my situation. The employer acts also as the sales representative of the business. His work for that reason is out of office.
This leaves two of us back at base. I do the paperwork and administration. The third person works as store person.
I have not been refused leave, but in the last nine months have had no time off.
I asked my employer at six months about this, but as one op here pointed out He said it would be illegal to do so.

I must not be the only person in this situation and I don't see why there should be any issue with this practice if it was to be a mutual agreement between employer and employee not to take allocated leave in full.

mischascha

heard on the radio the other day that it will be health and safety issue, so employer should be the one who ask you to take your minimum holiday. In my case is similar, I asked about the holidays but not straight answer was given only arrogant questioning. I work almost a year now, and simply forgot about my hollies, so I assuming its not in his interest to give me time off and money for that, plus also I was asked if I received letter about my inappropriate work behavior from 11 months back (Im paid by the rout not by the hour and that day I refused to help to one of employee - as that day I was driving long distance(about 18h) plus I was surprised its also my duty as I was only starting-although i agree that Its my fault - no letter was sent - but kept until recently for this reason i guess) - so I asume he wants to underline that I can be fired any day now(It's like that everyday anyway in this work) probably to avoid giving me that holidays.

witchgirl26

OP there can be problems with employees not taking their full allocated days off when it comes to the Working Time Directive under the EU. This essentially lays out the maximum number of hours, on average, per week that it is acceptable to work. While this can be increased by mutual consent of the employee and employer, most employers will only do it in exceptional circumstances because it can leave them open to claims under this directive.

You say you haven't been refused leave but that you've had no time off - have you requested any? Most employers I know of, even small ones, would start querying this with employees when the realise how little time off their requesting. It can be disruptive to the business to carry over large volumes of holiday entitlements between years as then you'll have more time off than they would budget for normally. With the pay in lieu of the time off there would also be tax implications.

While it is under the employer to try to ensure you take the minimum annual leave, realistically it's up to the employee to submit the request and have a discussion with the employer about taking the time off. If employers were solely dictating the time off (which can happen in America) people here would be up in arms over it. And rightly so.